Information on Open Burning:

Check with the Hays County Fire Marshal on the rules of open burning and the status of any burn bans:

If you have any questions, you can contact the Hays County Fire Marshal at 512-393-7339.



Adopted by Texas Commission on Environmental Quality

Title 30 Texas Administrative Code #111.219

[CITE as a violation of Section 7.177, Water Code] A person commits an offense if the person

intentionally or knowingly, with respect to the person's conduct, violates the General Requirements for

Allowable Outdoor burning or any other rule promulgated by the Texas Commission on Environmental

Quality regarding outdoor burning. An offense is punishable for an individual by a fine or not less than

$1,000 or more than $50,000, confinement in the county jail for a period not to exceed 180 days, or both.

An offense is punishable for a person other than an individual by fine of not less than $1,000 or more than



Outdoor burning which is otherwise authorized shall also be subject to the following requirements when

specified in any section of this subchapter.


(1) Prior to prescribed or controlled burning for forest management purposes, the Texas Forest Service

shall be notified.


(2) Burning must be outside the corporate limits of a city or town except where the incorporated city or

town has enacted ordinances which permit burning consistent with the Texas Clean Air Act,

Subchapter E, Authority of Local Governments.

(3) Burning shall be commenced and conducted only when wind direction and other meteorological

conditions are such that smoke and other pollutants will not cause adverse effects to any public road,

landing strip, navigable water, or off-site structure containing sensitive receptor(s).

(4) If at any time the burning causes or may tend to cause smoke to blow onto or across a road or

highway, it is the responsibility of the person initiating the burn to post flag-persons on affected roads.

(5) Burning must be conducted downwind of or at least 300 feet (90 meters) from any structure

containing sensitive receptors located on adjacent properties unless prior written approval is obtained

from the adjacent occupant with possessory control.

(6) Burning shall be conducted in compliance with the following meteorological and timing


(a) The initiation of burning shall commence no earlier than one hour after sunrise. Burning shall be

completed on the same day not later than one hour before sunset, and shall be attended by a

responsible party at all times during the active burn phase when fire is progressing, In cases

where residual fires and/or smoldering objects continue to emit smoke after this time, such areas

shall be extinguished if the smoke from these areas has the potential to create a nuisance or

traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after

this time.

(b) Burning shall not be commenced when surface wind speed is predicted to be less than six

miles per hour (mph) (five knots) or greater than 23 mph (20 knots) during the burn period.

(c) Burning shall not be conducted during periods of actual or predicted persistent low level

atmospheric temperature inversions.


(7) Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.

Consider alternatives to open burning:

Chip it, mulch it, and/or compost it.

Leave the living plants, trees and shrubs in their natural state.

Have the material hauled off by the local trash contractors.

Haul the materials to the dump.

Texas Disposal Systems

FREE bulky/brush waste pickup (furniture, appliances, yard waste) may be scheduled for your collection day the first and third full weeks of the month by calling 393-8026 by 2 p.m. the previous business day.  Branches less than 5" in diameter must be cut to 4- foot lengths, tied and bundled, weighing no more than 35 pounds; branches that are not tied and bundled will not be picked up or over 5" in diameter. Landfill Access: San Marcos customers may take up to 5 cubic yards of yard waste to TDS Landfill, (3606 FM 1327 Buda, TX 78610) each month at no additional charge. Only yard waste like branches or bags of leaves will be accepted, no other bulky items are permitted. You must take your driver's license and a copy of your utility bill showing you pay for garbage service and make sure you cover the load with a tarp.

Waste Management

Place your bagged grass clippings, leaves and bundled limbs at the curb the morning of collection day.


Please click the links below for more information.